SECTION 3.122. Association

(a) A Landscape Architect or a Principal, on behalf of a Landscape Architecture firm, who forms a business association to jointly provide landscape architectural services with any Nonregistrant who is:

(1) not an employee of the Landscape Architect or Landscape Architecture firm;

(2) not a client of the Landscape Architect or Landscape Architecture firm; and

(3) not a subcontractor nor a consultant of the Landscape Architect or Landscape Architecture firm under contract with a client except as described in subsection (e) of this section shall, prior to providing such services on behalf of the business association, enter into a written agreement of association with the Nonregistrant whereby the Landscape Architect or the Landscape Architecture firm agrees to be responsible for the preparation of all Construction Documents issued by the association.

(b) The written agreement of association shall include the following:

(1) The date when the agreement to associate is effective;

(2) The name, address, telephone number, registration number, and signature of the Landscape Architect or Principal on behalf of a Landscape Architecture firm which has agreed to associate with the Nonregistrant;

(3) The name, address, telephone number, and signature of the Nonregistrant with whom the Landscape Architect or Principal has agreed to associate.

(c) The Landscape Architect or Principal shall prepare or exercise Supervision and Control over the preparation of all Construction Documents issued by the association unless the Construction Documents are prepared and issued as described in subsection (e) of this section. All Construction Documents prepared pursuant to the association described in this section shall be sealed, signed, and dated in accordance with the provisions of Subchapter F.

(d) The Landscape Architect who seals Construction Documents on behalf of the association shall retain paper or electronic copies of them, together with the written agreement of association, and make them available for review by the Board for ten (10) years after the date of the Landscape Architect's signature on the Construction Documents.

(e) If, pursuant to §1052.005(b) of the Texas Occupations Code, a Texas Landscape Architect associates with a person who is not a Texas Landscape Architect but is registered as a landscape architect in another jurisdiction and does not maintain or open an office in Texas, the Texas Landscape Architect shall, at a minimum, exercise Responsible Charge over the preparation of all Construction Documents issued for use in Texas as a result of the association. The Texas Landscape Architect shall seal, sign, and date all Construction Documents issued for use in Texas as a result of the association in the same manner as if the Landscape Architect had prepared the Construction Documents or they had been prepared under the Landscape Architect's Supervision and Control. All other requirements of this section relating to associations apply to an association between a Landscape Architect and a person registered as a landscape architect in another jurisdiction regardless of whether the Texas Landscape Architect or the landscape architect from another jurisdiction acts as the "consultant" as that term is used in §1052.005(b) of the Texas Occupations Code.

Source Note: The provisions of this §3.122 adopted to be effective February 27, 2001, 26 TexReg 1718; amended to be effective February 12, 2003, 28 TexReg 1176; amended to be effective September 19, 2006, 31 TexReg 7993